July 10, 2025
OSHA’s Knocking: Your Employer Action Plan

 

• A new OSHA and a new direction? Discover what this new administration has identified to focus on, and what rocks federal OSHA compliance officers are most likely looking under so you can stay compliant and avoid citations.
• Effective response tactics. Learn exactly how to respond when OSHA arrives and avoid crucial mistakes.
• Navigate inspections with confidence. Understand the inspection process so you can handle it smoothly and professionally.
• Handle penalties effectively. Get expert advice on managing the informal settlement conference if you face a penalty, and learn how to leverage gravity-based penalty reduction factors to your benefit.
• Best practices and communication. Master techniques to protect your company during an investigation, and how best to avoid a potential waiver of the attorney-client privilege.

 

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July 9, 2025
Morning sickness may also qualify as ADA disability

By now, we are all familiar with the idea that morning sickness experienced during pregnancy must be accommodated under the Pregnant Workers Fairness Act. But if a recent lawsuit is any indication, the EEOC is pushing the idea that many common pregnancy problems are also protected under the Americans with Disabilities Act.

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July 9, 2025
Final OBBBA: Individual and payroll tax provisions

The One Big Beautiful Bill Act, technically named “To provide for reconciliation pursuant to title II of H. Con. Res. 14,” was signed by the president on July 4. Clocking in at 870 pages, it’s short for a reconciliation bill, but still packs a punch for individuals and payroll departments.

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July 9, 2025
Legal Requirements of Job Descriptions

 

• The 5 benefits of a good job description, and the risks associated with outdated ones.
• The 4 federal laws that require accurate and up-to-date job descriptions, including the Pregnant Workers Fairness Act.
• 4 simple steps to create accurate and defensible job descriptions that match industry standards and local variations—with online resources.
• How to define “essential functions” for ADA, FMLA and PWFA purposes.
• Using job descriptions as a disciplinary tool to guide performance reviews and employee discipline, including designing PIPs in the era of reductions in force.
• Choosing the right language that locks in an employee’s FLSA classification, avoids discrimination charges and more.
• Tips and tools for continually evaluating job descriptions to avoid misclassification errors and other legal issues throughout the year.

 

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July 8, 2025
How do we handle FMLA certifications when the practitioner is overseas?

I have an employee who is getting treatment overseas. As the employer, what, in addition to the medical certification, can we request? What if an employee receives care from a different kind of practitioner than we have in the U.S.?

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July 8, 2025
Documenting performance? Better date-stamp and retain

You’ve no doubt heard it again and again—the key to winning lawsuits is to document, document, document. Courts don’t lend much credence to documents that appear after the fact, often suspecting that such notes are made up to cover discrimination.

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July 7, 2025
‘Impossible’ PIP sinks employer’s discharge appeal

Set reasonable, objective goals that can be achieved with sufficient effort in the time allotted in the PIP. Don’t create impossible goals that can’t be achieved absent Herculean efforts.

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July 7, 2025
Your email could be used to prove retaliation

When it comes to incriminating evidence, there’s literally almost nothing that beats a damning email—especially when it tips off efforts to retaliate against an employee.

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July 3, 2025
DHS warns employers: Check work permit changes

The Trump administration has begun revoking the immigration status for some workers before the expiration date printed on their EADs. With E-Verify, that change was pushed your way automatically. DHS changed that practice and placed the burden on employers.

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July 3, 2025
Bystander harassment reporter has rights, too

Sometimes, as happened in a recent case, management decides that rather than listen to the bystander, they’ll punish the messenger. That’s not going to play well with the EEOC.

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